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Home My WebLink About2013-07-8053ORDINANCE NO. 2013-7-8053 AN ORDINANCE ACCEPTING MATCHING GRANT FUNDS THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR A 2013-2014 HOUSEHOLD HAZARDOUS WASTE GRANT FOR FUNDING THE ANNUAL CITY/COUNTY CLEAN- UP DAY AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT, AN INTERLOCAL AGREEMENT WITH MCCRACKEN COUNTY, AND ALL DOCUMENTS RELATING THERETO WHEREAS, the City of Paducah applied for a matching Household Hazardous Waste Grant through the Kentucky Division of Waste Management, adopted by Municipal Order No. 1707 on March 12, 2013, to be used for funding the 2013 Annual City/County Clean -Up Day; and WHEREAS, the Kentucky Division of Waste Management, has approved the application and is now ready to award this grant. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts matching grant funds in the amount of $30,000 through the Kentucky Division of Waste Management for a 2013-2014 Household Hazardous Waste Grant to fund disposal services for the 2014 Annual City/County Clean -Up Day and an educational outreach program. A local match of $9,000 is required with the City of Paducah and County of McCracken contributing $4,500 each, through cash and/or in- kind contributions. The City's contribution will come from the Engineering/Public Works FY2013-2014 Budget. SECTION 2. That the Mayor is hereby authorized to execute a Grant Agreement, and all documents relating to same, with the Kentucky Division of Waste Management. The City of Paducah hereby accepts and agrees to administer the funds in the amount of $30,000 as approved in Section 1 above. SECTION 3. The Mayor is hereby authorized to execute an Interlocal Agreement between the City of Paducah and McCracken County to act as the legal recipient and fiscal agent for the Household Hazardous Waste Grant funds. SECTION 4. This expenditure shall be charged to project no. MR0060. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, July 9, 2013 Adopted by the Board of Commissioners, July 23, 2013 Recorded by Tammara S. Sanderson, City Clerk, July 23, 2013 Published by The Paducah Sun, July 29, 2013 ord\plan\grants\Household Hazardous Waste 2014 EXHIBIT A 162639ver2clean CONSTRUCTION OVERAGE AGREEMENT THIS CONSTRUCTION OVERAGE AGREEMENT (this "Agreement") is made and entered into this the day of July, 2013, by and among the CITY OF PADUCAH, a public body politic and an incorporated municipality, with address of 300 South 5th Street, Paducah, Kentucky 42001, hereinafter known as "City"; the COUNTY OF MCCRACKEN, a county and political subdivision of the Commonwealth of Kentucky, with address of 301 South 6a' Street, Paducah, Kentucky, 42003, hereinafter known as "County; G.P.E.D.C., INC., doing business under the assumed name of the GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, INC., a Kentucky not -for- profit -corporation, with a principal mailing address of Post Office Box 1155, Paducah, Kentucky 42002-1155, hereinafter known as "GPEDC"; and TELETECH SERVICES CORPORATION, a Colorado corporation, with a principal mailing address of 9197 S. Peoria Street, Englewood, Colorado, 80112-5833, hereinafter known as "Corporation". RECITALS: WHEREAS, the City and the County have determined that it is necessary and desirable to acquire, construct, and install a customer care contract center building and associated parking lot (the "Project Improvements") on a certain tract of land under the control of the City and the County (pursuant to a long-term ground lease) within the Paducah Commerce Park (the "Project Site"), which Project Site and Project Improvements are have been subleased by the City and the County to Corporation, whom will locate and operate a general and administrative offices for a customer care center with technical support capabilities and will bring approximately 450 new full-time jobs to Paducah, McCracken County, Kentucky (the "Project"); and WHEREAS, the Project Site and the Project Improvements were subleased to Corporation in accordance with the terms of the Lease Agreement dated as of January 1, 2013, by and between GPEDC and Corporation, with GPEDC's interest as lessor having been assigned to the City and County by the Assignment Agreement dated as of April 22, 2013 (collectively, the "Sublease"); and WHEREAS, pursuant to Section 5 of the Sublease, Corporation was granted a construction allowance not to exceed $3,000,000.00 (the "Construction Allowance") for the construction and installation of the Project Improvements on the Project Site and GPEDC agreed to provide to Corporation an additional $250,000.00 incentive to assist with the fitting out of furniture, fixture and equipment within the Project Improvements (the "GPEDC Incentive"); and WHEREAS, City, County, and Corporation have reach an agreement as to the Scope of Work and Design to be performed by the construction contractor (A&K Construction, Inc., a Tennessee corporation) for the construction and installation of the Project Improvements on the Project Site, and the costs to be incurred for the completion of the Scope of Work and Design which is more particularly set forth on Exhibit A attached hereto and made a part hereof; and WHEREAS, as reflected on Exhibit A, the cost of construction and installation of the Project Improvements in accordance with the Scope Work and Design is $3,296,000.00, which is in excess of the Construction Allowance by the sum of $296,000.00 (the "Construction Overage"); and WHEREAS, Corporation and GPEDC have agreed to apply the GPEDC Incentive to the Construction Overage and Corporation has agreed to be solely and completely responsible for the remaining balance of the Construction Overage ($46,000.00) and to fully and promptly reimburse City and County for same. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt, mutuality and sufficiency of all of which is hereby acknowledged by the parties hereto, City, County, and Corporation each agree as follows: SECTION 1 AGREEMENT OF THE PARTIES A. All parties hereto covenant and agree that all of the above recitals are specifically incorporated herein by reference. B. Corporation, City, and County acknowledge and agree that the construction and installation of the Project Improvements on the Project Site shall be constructed in accordance with the Scope of Work and Design and that the costs to be incurred for the completion of the Scope of Work and Design is as set forth in Exhibit A. C. GPEDC and Corporation covenant and agree that the GPEDC Incentive shall be applied to the Construction Overage rather than to the fitting out of furniture, fixture and equipment within the Project Improvements. Corporation shall be solely responsible for all costs of fitting out of furniture, fixtures, and equipment within the Project Improvements. Further, Corporation covenants and agrees that it shall be responsible for and shall promptly reimburse the City and County for the remaining balance of the Construction Overage ($46,000.00), after the application of the GPEDC Incentive, plus any increases or reduction to the Construction Overage resulting from changes to the Scope of Work and Design requested by Corporation and approved in writing by the City and County. SECTION 2 MISCELLANEOUS PROVISIONS A. This Agreement may be signed by each party upon a separate copy, and in such case, one counterpart of this Agreement shall consist of a sufficient number of such copies to reflect the signatures of the parties hereto. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and it shall not be necessary in making proof of this Agreement or the terms and conditions hereof to produce or account for more than one of such counterparts. B. The headings set forth in this Agreement are for convenience or reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. C. The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns, respectively, of the parties. This provision shall not be construed to permit assignment by any party of any of its rights and duties under this Agreement, which assignment shall be prohibited except with the prior written consent of all parties hereto. D. This Agreement may be modified only by a written instrument duly executed by each of the parties hereto. This Agreement constitutes the entire agreement between the parties as to the Scope of Work and the Construction Overage. All prior statements, understandings, and agreements are merged herein. E. The parties agree that any suit, action or proceeding with respect to this Agreement shall only be brought or entered by, as the case may be, the courts of the Commonwealth of Kentucky, situated in Paducah, Kentucky. No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded any of them under this Agreement, nor will any such action or failure constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. F. All notices, requests, demands, waivers and other communications given as provided in this Agreement shall be in writing, and shall be addressed to the mailing addresses list above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. 9 ,, ,-;T'z� r -.r. -...= Y ,.. , T- -:.,: T-. T r -- � i-.-, -.._ . -- --,r r ...... . ...,.,. r- .,r- ..._.. F-.rr'-- r-r-rte,-.-F--.- CITY: COUNTY: CITY OF PADUCAH, KENTUCKY COUNTY OF MCCRACKEN G.P.E.D.C., INC. Title: Title: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CORPORATION: TELETECH SERVICES CORPORATION LM Title: EXHIBIT A See attached Scope of Work '`A1 EXHIBIT A Scope of Work T e :c.it,.:;a..l <i:...r n ;t_e r...D.s,s,,i=:.: ., .i:.I ,d : S e r v i c�e:s. Scope of Work June Z5, ,2613 i Design Services j « Architectural Design € • Civil Engineering Design j+ Structural Engineering Design « Mechanical Engineering Design « Working Drawings • Soils Investigation and Report Construction Administration/Inspections I Division..1,-_General _Condition s « Project Management • On Site Supervision « Daily Clean Up + Final Cleaning « Layout i • Tools and Equipment • Temporary Facilities • Builder's Risk insurance j • Payment and Performance Bond • Building Permit Division 2 — Site Work • Earthwork—Cut and Fill as Necessary to Balance the Site • Storm Sewer • Asphalt Paving -8" Compacted DGA and 3" Asphalt • Post Formed Concrete Curbs €' • 4" Concrete Sidewalks Utilizing 4,000 psi Concrete • 6" Concrete Entrance Utilizing 4,000 psi Concrete • 6" Concrete Dumpster Pad Utilizing 4,000 psi Concrete • Topsoil Replacement • Seeding `t • Landscaping Allowance of $10,000.00 Division 3 .Concrete.: • Concrete Foundations as Shown Utilizing 4,000 psi Concrete j; • 4" Concrete Floor Slab Utilizing 4,000 psi Concrete j Division 4— Masonry ! • Brick Veneer on Exterior Walls Including $350.00/1,000 Brick Allowance 1. i I. BFW MARCUl "ft kJOr ENGINEERING, LLC BACON; F4W"tWORMAN EM16M1FFP:hOI.iEESbq 4K i d I Division 5 - Structural, $teel • Pre-engineered Structural Steel Framing I • 22 ga. Steel Deck Division 6 -„Wood and Plastics: • Rough Carpentry Including Roof Blocking and Miscellaneous Blocking • Reception Desk—Custom Designed and Built 1 • Plastic Laminate Break Room Counter as Shown • Plastic Laminate Restroom Vanities Division 7 — Thermal and Moisture Protection • R-38 Simple Saver Insulation System in the Roof • R-19 Batt Insulation in the Walls • 2” Exterior Insulation and Finish System • 60 -mil, TPO Membrane Roofing with 20 year Warranty • Sheet Metal and Flashing • Joint Sealants Division 8 — Doors and Windows .............. • Exterior Doors to be H.oilow Metal Doors and Frames • interior Doors to be Solid Core Wood Doors and Hollow Metal Frames • Aluminum Entrances and Storefronts • Aluminum Windows • Finish Hardware • Glass and Glazing • Restroom Mirrors Wision 9— Finishes • Exterior Walls to be 12 ga. Metal Studs, 6" Batt Insulation, DensGlass Sheathing, 5/8" Drywall • Non -Load Bearing Interior Wails to be 25 ga. Metal Studs, Sound Batt Insulation, 5/8" Drywall both Sides • 2'x 2' Revealed Edge Acoustical Ceilings with 15/16" Grid at All Public Areas, Offices, Training Areas, and Conference Rooms • 2'x 2' Square Edge Acoustical Ceilings with 15/16" Grid at All Other Areas • Ceramic Tile in Restrooms and Vestibule • Resilient Floor Tile in Break Room, Comm./Elec. and Storage Closets • Carpeting in Waiting, Reception, Offices, Conference Rooms, Training, TA Staff, TA Testing, and Production Area • Painting as Necessary •`. Division 10 — Specialties • Toilet Partitions as Shown • Interior Signage as Required I. • Fire Extinguishers and Cabinets per Code BMW' kdW MARCUM Nk ENGINEERING; LLC f aacort�raRMER u i�.wv- t�roax" - � fN6iMEENIxn EiEgiiNp'iMC' �„� .i r —.-. _f 7= .I f --'T--.-.— 'T T._ =', -,it -.;,:--77—» • Toilet Accessories as Required Division 15 — Utilities • 2-1/2" PVC Domestic Water Service Piping Including 2" Meter • 6" Ductile Iron Pipe Underground Fire Main Service Including Tap and Bore Under McCracken Boulevard • 4" PVC C-900 Pipe for the Remote Fire Department Connection • 4" Exterior PVC Sanitary Sewer Piping Including Tap Fee • Natural Gas Piping Division 15. -Mechanical • Plumbing Fixtures — Flush Valve Type Toilets and Urinals • Copper Domestic Water Piping • PVC Sanitary Sewer and Vent Piping • Natural Gas Piping • Rooftop Package HVAC Units • Ductless Split Heat Pumps • Computer Room Air Conditioner • Exhaust Fans • Supply, Return and Exhaust Ductwork System — Including Duct Sock in Production Area • Refrigerant Piping • Seismic Material and Calculations on All Duct, Pipe and Equipment • Mechanical insulation • DDC Controls • Certified Air Balance + Wet Automatic Fire Sprinkler System Division 16 — Electrical • Switchgear Package • Lighting Fixtures • Site Lighting • 800A Power Company Feed • Transformer Pad • Aluminum Wire and MC Cable per Code • Cable Tray for Data Wiring • Fire Alarm System • Temporary Lighting • Temporary Power j' Exceptions to the Specifications • Water heaters will be electric. Natural gas is only utilized for rooftop HVAC units. + Sub -panels and breakers shall be provided by the Contractor in lieu of the Tenant as referenced. I • Fire Alarm shall be provided complete by the Contractor in lieu of the core and shell as i referenced, �l kj1W BFW MARCUM FEL ENGINEERING, LLC ' - FARMER I WORKMAN .i 9ActM1J Fuameeuxc. [s+,xcxc ", t • Height of the building is approximately 20'-0" to the roof line in lieu of 24'-0" clear height as referenced. • A 4" thick concrete slab will be provided in lieu of the referenced 6" thick concrete slab. • A 2-1/2" water line is required for the facility in lieu of the referenced 2" water line. • A 4" sanitary sewer will serve the facility in lieu of the referenced 6" sanitary sewer line. • Two (2) 6" under -slab, longitudinal sanitary lines are excluded. • Two (2)1" under -slab, longitudinal domestic water lines are excluded. • Fire pump is excluded as that it is not required for standard 100% coverage. • Communication systems (jacks, cabling, racks, patch panels, switches, routers, phones, etc.) are excluded. e Emergency generator is excluded. ,,I ,, t r r- -.:.---r r� ..r- -r i I -::r i - - .--r _.._, r' T,_.--c-1!F1..,-rr - -- A&K Construction., Inc. COMMEPCIAL & INDUSP.7 A_ CONTRACTORS Cali Center Design Build Services June 25, 2013 Value Engineering Items Original Proposal - Brick Veneer and EIFS Accents Alternate $ 4,180,000.00 Value Engineering items 1:. Reduce the Height of the building; (113,249.00) 2. Reduce concrete slab thickness to 4" in lieu of 6". (32,588.00) 3. install feeds to cubicles from power poles in lieu of underground, (15,473.00) 4. Eliminate the. generator,. (144,416.00) 5. Eliminate the: UPS: (77,366.00) 6, Eliminate the sound masking system: (20,631.00) 7. Reduce the cost of the lighting package.(60,861:00) 8. Reduce the cost of the floor finishes: (19,119.00) 9. Eliminate the folding partition. (12,379.00) 10. Eliminate the turnstile: (26,476.00) 11. Eliminate the appliances. (7,284,00) 12. Eliminate the window blinds. (3,168.00) 13. Install a wet sprinkler system in the MDF/UPS rooms in lieu of (26,397.00) a clean agent system, 14„ Eliminate the back up computer room HVAC unit. (32,.144,00) 15. Eliminate the ceilings in Production Area and Break -Room. (65,449.00) 16. Eliminate the data cabling allowance. (165,000.00) 17 Install chemical fire suppression in the MDF room.. 23,397..00 18. Add back-up HVAC system for MDF room. 15,144,00 19, Eliminate the DDC controls (11,000;00) 20, Use metal panel accents on the exterior in lieu fo EIFS. (19,000.00) 21 Additional savings in finishes. (10,000,00j 22. Eliminate 100 parking spaces. (81,541.00) 23. Add installation, for owner supplied emergency generator, transfer switch and UPS_ 50,000 00 24 Savings for Schematic Floor Plan T", (29;000.00) Revised Total $ 3;296,000.00 �,1 i,� _,ri:^�.1�_. 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